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High Court to rule on consequences of breach of fiduciary duty

Piper Alderman
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Australia
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May 6 2013

Fiduciary duties arise in a variety of commercial contexts. One of the most common of these is the duty owed by a director to a company. In certain

High court decision widens application of proportionate liability legislation

Piper Alderman
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Australia
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May 1 2013

In the case of Hunt & Hunt Lawyers v Mitchell Nominees Pty Ltd 2013 HCA 10, the majority of the High Court strengthened the ability of defendants

Common sense prevails in proportionate liability decisions

Piper Alderman
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Australia
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April 9 2013

The High Court and the NSW Court of Appeal have recently provided much needed clarification about the proportionate liability regime in the NSW Civil

Mortgagee’s power of sale caveat update

Piper Alderman
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Australia
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January 25 2012

In our previous Property and Projects Legal Update a mortgagee’s power of sale of an alleged home occupation interest -, was considered following the Victorian Court of Appeal’s decision in MBF Investments Pty Ltd v Nolan (Nolan

Fiduciary duties of financial advisors

Piper Alderman
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Australia
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November 8 2012

Although it is hard to understand how this view could have arisen, there was a view amongst some members of the financial planning industry that financial planners did not owe fiduciary duties to their clients

Personal Property Securities Act secured creditors take note

Piper Alderman
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Australia
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October 23 2012

A recent decision of the Federal Court of Australia concerning the administration of Hastie Group Limited is the first Australian case to deal with the Personal Property Securities Act 2009 (Cth) and represents a timely reminder of the importance for businesses to have adequate procedures in place to take advantage of the benefits afforded to secured parties by the PPSA

High Court rules on penalties for breach of contract

Piper Alderman
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Australia
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November 20 2012

A recent case before the High Court, involving 38,000 customers of the Australia and New Zealand Banking Group Limited who disputed the bank fees charged to them, will have a profound impact on any contracting party, in any industry, that has penalty or liquidated damages clauses in their contracts

High Court rules on penalties

Piper Alderman
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Australia
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October 23 2012

A recent case before the High Court, involving 38,000 ANZ customers who disputed the bank fees charged to them, will profoundly impact any contracting party, in any industry, that has penalties or liquidated damages clauses in their contracts

Bank’s ‘wipeout’ over forged loan documents by former surfwear CEO

Piper Alderman
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Australia
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November 16 2011

In 2008, Matthew Perrin (Perrin), a Gold Coast businessman and former CEO of the international surfwear company Billabong, obtained a loan from the Commonwealth Bank of Australia (CBA) for $13.5 million

Priority of mortgagee interests: unfair leapfrogging or legitimate jumping?

Piper Alderman
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Australia
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August 7 2012

The decision of the Queensland Supreme Court in Sucrogen Australia Pty Ltd v Westpac Banking Corporation & Anor (2012) QConvR 540-776 sets out the circumstances in which lower-ranking secured creditors may obtain higher priority

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